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H.B. 116






Chief Sponsor: Sylvia S. Andersen

Senate Sponsor: Patricia W. Jones

             8      LONG TITLE
             9      General Description:
             10          This bill modifies the provision related to fluorine in a water system.
             11      Highlighted Provisions:
             12          This bill:
             13          .    requires the majority of the voting shareholders of a privately owned public water
             14      system to approve the addition or removal of fluorine.
             15      Monies Appropriated in this Bill:
             16          None
             17      Other Special Clauses:
             18          None
             19      Utah Code Sections Affected:
             20      AMENDS:
             21          19-4-111, as last amended by Laws of Utah 2007, Chapter 329
             23      Be it enacted by the Legislature of the state of Utah:
             24          Section 1. Section 19-4-111 is amended to read:
             25           19-4-111. Fluorine added to or removed from water -- Election required.
             26          (1) (a) Except as provided in Subsection (7) or Subsection 19-4-104 (1)(a)(i), public
             27      water supplies, whether state, county, municipal, or district, may not have fluorine or any of its

             28      derivatives or compounds added to or removed from them without the approval of a majority of
             29      voters in an election in the area affected.
             30          (b) An election shall be held:
             31          (i) upon the filing of an initiative petition requesting the action in accordance with state
             32      law governing initiative petitions;
             33          (ii) in the case of a municipal, local district, special service district, or county water
             34      system [which] that is functionally separate from any other water system, upon the passage of a
             35      resolution by the legislative body or local district or special service district board representing
             36      the affected voters, submitting the question to the affected voters at a municipal general
             37      election; or
             38          (iii) in a county of the first or second class, upon the passage of a resolution by the
             39      county legislative body to place an opinion question relating to all public water systems within
             40      the county, except as provided in Subsection (2), on the ballot at a general election.
             41          (2) If a majority of voters on an opinion question under Subsection (1)(b)(iii) approve
             42      the addition of fluorine to or the removal of fluorine from the public water supplies within the
             43      county, the local health departments shall require the addition of fluorine to or the removal of
             44      fluorine from all public water supplies within that county other than those systems:
             45          (a) that are functionally separate from any other public water systems in that county;
             46      and
             47          (b) where a majority of the voters served by the public water system voted against the
             48      addition or removal of fluorine on the opinion question under Subsection (1)(b)(iii).
             49          (3) Nothing contained in this section prohibits the addition of chlorine or other water
             50      purifying agents.
             51          (4) Any political subdivision [which] that, prior to November 2, 1976, decided to and
             52      was adding fluorine or any of its derivatives or compounds to the drinking water is considered
             53      to have complied with Subsection (1).
             54          (5) In an election held pursuant to Subsections (1)(b)(i), (ii), or (iii), where a majority
             55      of the voters approve the addition to or removal of fluorine from the public water supplies, no
             56      election to consider removing fluorine from or adding fluorine to the public water supplies
             57      shall be held for a period of four years from the date of approval by the majority of voters
             58      beginning with elections held in November 2000.

             59          (6) For purposes of this section, "removal" means ceasing to add fluorine to a public
             60      water supply, the addition having been previously approved by the voters of a political
             61      subdivision.
             62          (7) (a) A supplier of a public water system that is a corporation, as defined in Section
             63      16-4-102 , may not add to or remove from the water supply of the public water system fluorine
             64      or a derivative or compound of fluorine unless the majority of the votes cast by the
             65      corporation's shareholders authorize the supplier to add or remove the fluorine or the derivative
             66      or compound of fluorine.
             67          (b) A vote of the corporation's shareholders required by Subsection (7)(a) does not
             68      effect the fluoridation of another public water system, including a public water system that may
             69      provide water to the corporation.

Legislative Review Note
    as of 12-27-07 2:57 PM

Office of Legislative Research and General Counsel

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